2203.1 Debarment. No individual or firm that is debarred, suspended, or otherwise ineligible to participate in procurement at any other D.C. government agency shall be eligible to participate in solicitations or negotiations before the Commission.

2203.2 The Commission may debar or suspend an individual or firm for any of the following reasons:

1. (a) Engaging in contract fraud or a criminal offense incident to obtaining, attempting to obtain, or performing a public contract or subcontract;
2. (b) Violation of Federal or state antitrust statutes arising out of submission of bids and proposals;
3. (c) Engaging in acts involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, false statements, tax evasion, or any other offense indicating a lack of business integrity or business honesty; and
4. (d) Conviction of any other offense that indicates a lack of business integrity or lack of present responsibility as a contractor.

2203.3 The Commission, in its discretion, may debar or suspend any bidder or contractor as a result of the following:

1. (a) Willful failure to perform in accordance with the specifications within the time limit provided in a contract;
2. (b) A record of failure to perform or of unsatisfactory performance of the terms of one or more contracts; or
3. (c) False assertion of status giving rise to special benefits under the laws of the District of Columbia.

2203.4 Suspension. The Commission, in its discretion, may suspend a contractor from participating in Commission solicitations, negotiations, and contracts pending the outcome of a criminal indictment or investigation by a District, Federal, or state regulatory agency.

2203.5 Ineligibility. The Commission, in its discretion, may determine a contractor to be ineligible for participation in Commission contracts or subcontracts if the contractor is currently included on The List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

SOURCE: Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).